| 11 | 11 | | |
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| 12 | 12 | | AN ACT CONCERNING NOTICE OF PESTICIDE APPLICATIONS AT PUBLIC SCHOOLS AND AUTHORIZING THE USE OF CERTAIN MICROBIALS. |
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| 13 | 13 | | |
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| 14 | 14 | | Be it enacted by the Senate and House of Representatives in General Assembly convened: |
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| 15 | 15 | | |
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| 16 | 16 | | Section 1. Subsections (c) to (e), inclusive, of section 10-231c of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2015): |
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| 17 | 17 | | |
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| 18 | 18 | | (c) (1) On and after July 1, 2000, parents or guardians of children in any school and school staff may register for prior notice of pesticide application at their school. Each school shall maintain a registry of persons requesting such notice. Prior to providing for any application of pesticide within any building or on the grounds of any school, the local or regional board of education shall provide for the mailing of notice to parents and guardians who have registered for prior notice under this section such that the notice is received no later than twenty-four hours prior to such application. Notice shall be given by any means practicable to school staff who have registered for such notice. Notice under this subsection shall include [(1)] (A) the name of the active ingredient of the pesticide being applied, [(2)] (B) the target pest, [(3)] (C) the location of the application on the school property, [(4)] (D) the date of the application, and [(5)] (E) the name of the school administrator, or a designee, who may be contacted for further information. |
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| 19 | 19 | | |
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| 20 | 20 | | (2) On and after October 1, 2015, prior to providing for any application of pesticide within any building or on the grounds of any school, in addition to the requirements of subdivision (1) of this subsection, the local or regional board of education shall provide for notice of such application not less than seventy-two hours prior to such application by posting the notice required by subdivision (1) of this subsection on: (A) The Internet web site for the school where such application will occur, (B) the Internet web site for such local or regional board of education, (C) the front entrance of such school where such application will occur, and (D) any bulletin board located within one hundred feet of the front entrance of such school where such application will occur. Any such notice posted pursuant to subparagraph (C) or (D) of this subdivision shall be on a sign not less than eight and one-half inches by eleven inches in size and printed in all upper case lettering of not less than twelve-point boldface type of uniform font. |
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| 21 | 21 | | |
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| 22 | 22 | | (d) On and after July 1, 2000, no application of pesticide may be made in any building or on the grounds of any school during regular school hours or during planned activities at any school except that an emergency application may be made to eliminate an immediate threat to human health if (1) it is necessary to make the application during such a period, and (2) such emergency application does not involve a restricted use pesticide, as defined in section 22a-47. No child may enter an area where such application has been made until it is safe to do so according to the provisions on the pesticide label. |
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| 23 | 23 | | |
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| 24 | 24 | | (e) On and after July 1, 2000, a local or regional board of education may make an emergency application of pesticide without prior notice under this section in the event of an immediate threat to human health provided the board provides for notice, by any means practicable, on or before the day that the application is to take place to any person who has requested prior notice under this section and concomitantly posts such notice on the Internet web sites and the locations and in the form described in subdivision (2) of subsection (c) of this section. |
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| 25 | 25 | | |
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| 26 | 26 | | Sec. 2. Subsections (c) and (d) of section 10-231d of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2015): |
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| 27 | 27 | | |
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| 28 | 28 | | (c) On and after July 1, 2000, parents or guardians of children in any school and school staff may register for notice of pesticide application at their school. Each school shall maintain a registry of persons requesting such notice. Notice under this subsection shall include (1) the name of the active ingredient of the pesticide being applied, (2) the target pest, (3) the location of the application on the school property, [(3)] (4) the date of the application, and [(4)] (5) the name of the school administrator, or a designee, who may be contacted for further information. |
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| 29 | 29 | | |
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| 30 | 30 | | (d) (1) On and after July 1, 2000, a local or regional board of education shall provide notice, by any means practicable, to any person who has requested notice under this section on or before the day that any application of pesticide is to take place at a school. No application of pesticide may be made in any building or on the grounds of any school during regular school hours or during planned activities at any school except that an emergency application may be made to eliminate an immediate threat to human health if (1) it is necessary to make the application during such a period and (2) such emergency application does not involve a restricted use pesticide, as defined in section 22a-47. No child may enter an area of such application until it is safe to do so according to the provisions on the pesticide label. |
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| 31 | 31 | | |
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| 32 | 32 | | (2) On and after October 1, 2015, prior to providing for any application of pesticide within any building or on the grounds of any school, in addition to the requirements of subdivision (1) of this subsection, the local or regional board of education shall provide for notice of such application not less than seventy-two hours prior to such application by posting the notice required by subsection (c) of this section on: (A) The Internet web site for the school where such application will occur, (B) the Internet web site for such local or regional board of education, (C) the front entrance of such school where such application will occur, and (D) any bulletin board located within one hundred feet of the front entrance of such school where such application will occur. Any such notice posted pursuant to subparagraph (C) or (D) of this subdivision shall be on a sign not less than eight and one-half inches by eleven inches in size and printed in all upper case lettering of not less than twelve-point boldface type of uniform font. |
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| 33 | 33 | | |
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| 34 | 34 | | Sec. 3. Section 10-231a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): |
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| 35 | 35 | | |
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| 36 | 36 | | As used in sections 10-231b to 10-231d, inclusive, as amended by this act, [and section 19a-79a,] (1) "pesticide" means a fungicide used on plants, an insecticide, a herbicide or a rodenticide, but does not mean a sanitizer, disinfectant, antimicrobial agent or pesticide bait in a tamper-resistant container, (2) "lawn care pesticide" means a pesticide registered by the United States Environmental Protection Agency and labeled pursuant to the federal Insecticide, Fungicide and Rodenticide Act for use in lawn, garden and ornamental sites or areas. "Lawn care pesticide" does not include any: (A) Microbial pesticide or biochemical pesticide that is registered with the United States Environmental Protection Agency, (B) horticultural soap or oil that is registered with the United States Environmental Protection Agency and that does not contain any synthetic pesticide or synergist, or (C) a pesticide classified by the United States Environmental Protection Agency as an exempt material under 40 CFR 152.25, as amended from time to time, [and] (3) "integrated pest management" means use of all available pest control techniques, including judicious use of pesticides, when warranted, to maintain a pest population at or below an acceptable level, while decreasing the use of pesticides, (4) "microbial pesticide" means a pesticide that consists of a microorganism as the active ingredient, and (5) "biochemical pesticide" means a naturally occurring substance that controls pests by nontoxic mechanisms. |
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| 37 | 37 | | |
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| 38 | 38 | | |
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| 39 | 39 | | |
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| 40 | 40 | | |
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| 41 | 41 | | This act shall take effect as follows and shall amend the following sections: |
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| 42 | 42 | | Section 1 October 1, 2015 10-231c(c) to (e) |
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| 43 | 43 | | Sec. 2 October 1, 2015 10-231d(c) and (d) |
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| 44 | 44 | | Sec. 3 from passage 10-231a |
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| 45 | 45 | | |
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| 46 | 46 | | This act shall take effect as follows and shall amend the following sections: |
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| 47 | 47 | | |
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| 48 | 48 | | Section 1 |
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| 49 | 49 | | |
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| 50 | 50 | | October 1, 2015 |
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| 51 | 51 | | |
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| 52 | 52 | | 10-231c(c) to (e) |
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| 53 | 53 | | |
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| 54 | 54 | | Sec. 2 |
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| 55 | 55 | | |
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| 56 | 56 | | October 1, 2015 |
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| 57 | 57 | | |
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| 58 | 58 | | 10-231d(c) and (d) |
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| 59 | 59 | | |
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| 60 | 60 | | Sec. 3 |
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| 61 | 61 | | |
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| 62 | 62 | | from passage |
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| 63 | 63 | | |
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| 64 | 64 | | 10-231a |
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| 65 | 65 | | |
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| 66 | 66 | | |
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| 67 | 67 | | |
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| 68 | 68 | | ENV Joint Favorable Subst. |
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